CITY COUNCIL AGENDA ITEM NO. 16
Meeting Date: May 22, 2001
Subject/Title: Consideration of an Ordinance adding Chapter 14.20 to the Municipal Code to govern the City's stormwater system and to prohibit unauthorized runoff from entering the stormwater system
Consideration of an ordinance amending Chapter 15.52 of the Municipal Code to require additional sediment and erosion control measures and adding enforcement authority
Submitted by: Engineering: D. Beougher/J. Stevenson/T. Wooten
Approved by: Jon Elam, City Manager
Approve an ordinance providing adequate enforcement ability to prevent pollutants being discharged to waters of the U.S. through the City's stormwater system.
Approve an ordinance amending Chapter 15.52 of the Municipal Code to require additional sediment and erosion control measures and adding enforcement authority.
On March 2, 1998 the City Council approved Resolution No. 98-39 authorizing participation in the Contra Costa Clean Water Program (Group Program) and approving the Joint Municipal NPDES Program Agreement.
On July 11, 2000 the City Council approved Resolution No. 2110 amending the Joint Municipal NPDES Program Agreement.
The City of Brentwood is required to comply with the requirements of the Municipal Separate Storm Sewer System (MS4) permit adopted by the Central Valley Regional Water Quality Control Board's Order No. 5-00-120.
Performance Standard NDCC-1 of the Group Program requires each agency to Provide ongoing review of existing legal authorities provided in erosion control and stormwater ordinances to implement General Plan policies and authorize discretionary review of development projects. If necessary, amend existing ordinance(s) or develop and adopt new ordinance(s).
Staff has provided separate ordinances for these two actions.
The stormwater ordinance is being brought forward at the direction of the City Council Sewer/Water sub-committee.
The grading ordinance has minor modifications to provide adequate enforcement authority.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONCERNING AMENDMENTS TO CHAPTER 15.52 GRADING ORDINANCE CONCERNING AGRICULTURAL USES AND FINES AND PENALTIES
WHEREAS, the City of Brentwood is required to protect and enhance the water quality of the City's watercourses pursuant to, and consistent with, the Federal Clean Water Act.
WHEREAS, it is the purpose of the City Council in enacting this chapter to protect the health, safety and general welfare of the City's citizens by:
(1) eliminating nonstormwater discharges to the City's stormwater system to the maximum extent practicable;
(2) controlling the discharge into the City's stormwater system from spills, dumping or disposal of materials other than stormwater as well as silt, dirt, debris and other solid material from non-stormwater runoff;
(3) reducing pollutants in stormwater discharges to the maximum extent practicable; and
WHEREAS, many times Brentwood’s urban growth encroaches into active farmland and while these two land uses need to co-exist, the intent of this ordinance is to promote that goal. Brentwood has adopted various means to foster this co-existence between farms and urban acres, including a Right to Farm Ordinance and to promote Best Management Practices, as a part of proper modern farming techniques;
WHEREAS, the State of California currently exempts agricultural operations from the waste discharge requirements of the Clean Water Program and it is not the intent of this ordinance to amend that exemption.
NOW, THEREFORE the City Council of the City of Brentwood ordains as follows:
SECTION 1. THE BRENTWOOD MUNICIPAL CODE, CHAPTER15.52, GRADING, EROSION AND SEDIMENT CONTROL SHALL BE AMENDED AS FOLLOWS:
15.52.030(A) SHALL BE AMENDED TO ADD THE FOLLOWING:
Additionally, no permit shall be granted for any project of 1 acre or more in size until the applicant has filed a Notice of Intent (NOI) with the Regional Water Quality Control Board (RWQCB) and has been notified by the Board of the Waste Discharger Identification Number (WDID No.). The applicant shall also prepare, and submit to the City Engineer for review and comment, a Storm Water Pollution Prevention Plan (SWPPP) to include appropriate design guidelines and adequate erosion and sediment control measures to minimize the discharge of pollutants into drainage facilities. The applicant shall ensure that the SWPPP complies with the current General Permit for Construction Activities adopted by the State Water Resources Control Board.
15.52.030[C](1) is amended to add the following and to read as follows:
1. An excavation below finished grade for basements and footings if a building, retaining wall, or other structure authorized by a valid building permit, unless such excavation requires de-watering. This shall not exempt all fill made with material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of the structure;
Section 15.52.030[C](7) is amended to add a new subsection [c] as follows
c. Notwithstanding, agricultural use of land which is determined by the City Engineer to cause excessive discharge of sediment into the storm drain system shall be required to reimburse the City for any and all costs associated with mitigating the impact of the discharge and cleaning of the storm drain facilities
Section 15.52.050(A)is amended to add a new subsections 12 and 13 as follows:
12. Copy of Notice of Intent (NOI) filed with Central Valley Regional Water Quality Control Board with WDID Number.
13. Storm Water Pollution Prevention Plan (SWPPP) detailing best management practices to ensure adequate sedimentation control measures to maximize stormwater quality controls for all project of one or more acres.
Section 15.52.050(B)4 is amended to add the following and to read as follows:
The soils and geology report required in this chapter shall be prepared by a professional soil investigation firm under the direction of a registered soils engineer and an engineering geologist. The soils report shall not be accepted if it is not current within 12 months.
Section 15.52.060(F) shall be amended to read as follows:
. 1. Erosion and sediment control measures shall be implemented as specified by the approved interim and final sediment and erosion control plans. Erosion and sediment control measures shall be consistent with the Manual of Sediment and Erosion Control Practices and the California Storm Water Best Management Practices Handbook, published by the Storm Water Task Force, 1993
5. All exposed or finished banks or slopes of any fill or excavating shall be protected from erosion by approving planting, irrigation, hydroseeding, cribbing, walls, or terracing or a combination thereof. All graded surfaces exceeding five thousand square feet in area shall be planted and irrigated, paved or built upon and shall be provided with berms and approved drainage facilities adequate to prevent erosion and to conduct accumulation of runoff of surface waters to an approved place of discharge. All graded surfaces shall be protected within 30 days of any portion of the grading being completed, or immediately upon completion if grading operations are conducted during the rainy season. In no instance shall graded surfaces remain unprotected past September 30. It is the intent of this section to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate requirements in this section have been provided and approved.
Section 15.52.180 is amended to read as follows:
Any violation of this chapter may be subject to enforcement through the administrative citation procedure codified in Chapter 1.08 of the City of Brentwood's Municipal Code or any other appropriate remedy specified in the Municipal Code or state or federal law. The permit holder shall be responsible for compliance by its' agents, including any sub-contractors. Failure to comply with the approved construction BMP’s will result in the issuance of verbal warnings, correction notices, citations or a project stop work order. In the event of the issuance of a stop work notice on the project for engineering, public works or building violations, the permit holder shall be fined through additional fees/fines placed on the building permits or, when possible, by the reduction of any applicable development fee credits (collectively 'fines'). Except in the event of an emergency, the City shall provide verbal and written notice of the violation to the applicable permit holder prior to the issuance of a stop work notice. Fines shall be $100 for the first violation, $250 for the second occurrence of the same violation (regardless of sub-contractor) and $1,000 for each subsequent violation.
Section 2. This ordinance shall be published in accordance with applicable law, by one or more of the following methods:
A) posting the entire ordinance in at least three (3) public places in the City of Brentwood within fifteen (15) days after its passage and adoption; or
B) publishing the entire ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
C) publishing a summary of the ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire ordinance in the Office of City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the ordinance.
This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.
The FOREGOING ORDINANCE was introduced at a regular meeting on the 22nd day of May 2001, and adopted at a regular meeting of the Brentwood City Council, on the 12th day of June, 2001, by the following vote:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADDING CHAPTER 14.20 TO THE MUNICIPAL CODE TO GOVERN THE CITY'S STORMWATER SYSTEM AND TO PROHIBIT UNAUTHORIZED RUNOFF FROM ENTERING THE STORMWATER SYSTEM.
THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the City's authority under California Water Code §13002, Chapter 14.20 is hereby added to the Brentwood Municipal Code to read as follows:
STORMWATER SYSTEM MANAGEMENT AND DISCHARGE CONTROL
14.20.010 Intent and Purpose
14.20.040 Responsibility for Administration
14.20.050 Stormwater System Authorization.
14.20.060 Construction and Application
14.20.070 Discharge of Non-stormwater
14.20.080 Discharge in Violation of Permit.
14.20.090 Unlawful Discharge and Unlawful Connections
14.20.100 Reduction of Pollutants in Stormwater
14.20.110 Authority to Inspect
14.20.120 Violations Constituting Misdemeanor or Infraction
14.20.130 Penalty for Violation
14.20.140 Continuing Violations
14.20.160 Acts Potentially Resulting in Violation of Federal Clean Water Act or PorterCologne Act.
14.20.170 Violations Deemed a Public Nuisance
14.20.180 Administrative Penalties
14.20.190 Civil Actions
14.20.200 Remedies Not Exclusive
14.20.010 Intent and Purpose.
(a) Intent. The intent of this chapter is to protect and enhance the water quality of the City's watercourses pursuant to, and consistent with, the Federal Clean Water Act.
(b) Purpose. It is the purpose of the City Council in enacting this chapter to protect the health, safety and general welfare of the City's citizens by:
(1) Eliminating nonstormwater discharges to the City's stormwater system to the maximum extent practicable;
(2) Controlling the discharge into the City's stormwater system from spills, dumping or disposal of materials other than stormwater as well as silt, dirt, debris and other solid material from non-stormwater runoff;
(3) Reducing pollutants in stormwater discharges to the maximum extent practicable; and
(4) Provide guidelines to mitigate impacts from development on historical agricultural drainage while protecting water quality of the City’s watercourses.
Many times Brentwood’s urban growth encroaches into active farmland. These two land uses need to co-exist and it is this ordinance’s intent to promote that goal. Brentwood has adopted various means to foster this co-existence between farms and urban acres by approving a Right to Farm Ordinance. One of the intents of this ordinance is to promote Best Management Practices as a part of proper modern farming techniques. To that end, the City Engineer is directed to work with interested farmers to promote minimal runoff into the City storm water system. The City Engineer is authorized and directed through this ordinance to assist farmers with water runoff control measures on their farms, subject to a financial limit of $10,000 per farm and limited to two (2) farms per year. Funding for this assistance shall be from the City’s General Fund and shall be restricted to funding equipment and material necessary to control water runoff contaminates. No funding is authorized for easements, personnel costs or anything other than material or equipment costs.
The State of California currently exempts agricultural operations from the waste discharge requirements of the Clean Water Program. It is not the intent of this ordinance to amend that exemption. However, it is the intent of this ordinance to promote and assist the co-existence between urban and farm uses.
To the extent that the State of California has exempted agricultural activities from the Clean Water Program, the City of Brentwood categorically rejects any responsibility for contaminate loading originating from existing agricultural lands as of the date of adoption of this ordinance. New agricultural operations established after the date of adoption of this ordinance are covered fully by this ordinance and required to practice Best Management Practices.
The following words and phrases when used in this chapter shall be as defined herein. Words and phrases used in this chapter and not otherwise defined shall be interpreted as defined in the regulations of the US Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act in the State Water Code.
(a) "Agricultural land" means all that real property within the boundaries of the City of Brentwood upon which agricultural activities, uses, operations or facilities exist at the time of the adoption of this chapter or in the future.
(b) "Agricultural operation" shall mean normal and customary farming and agricultural activities, which may occur during any 24hour period of the day. Normal and customary farming and agricultural activities include, but are not limited to: the cultivation and tillage of the soil; the production, irrigation, cultivation, growing, harvesting, and processing of any agricultural commodity for wholesale or retail markets, including viticulture, horticulture, the raising of livestock, fur bearing animals, fish or poultry; and any commercial agricultural practices performed as incident to, or in conjunction with, such activities including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
(c) "Authorized enforcement officer(s)" means those individuals designated by the City Engineer to act as authorized enforcement officers.
(d) "Best management practices" or "BMPs" means schedules of activities, prohibitions or practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices adopted by the City, either alone or in conjunction with the Contra Costa Clean Water Program; and/or the state or federal governments to prevent or reduce the discharge of pollutants, non-stormwater discharge, construction site run-off or unauthorized runoff directly or indirectly to watercourses, water bodies, and wetlands. BMP's also include treatment requirements, operating procedures, design specifications, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal or drainage from raw material storage.
(e) "Capital Improvement Project" means a permanent addition to the City's assets of major importance and cost. These projects can be constructed by the City or by a developer on the City's behalf. They are often multi-year projects such as bridges, street or park improvements.
(f) "City" means the City of Brentwood.
(g) "City Council" means the City Council of the City of Brentwood.
(h) "City Engineer" means the City Engineer of the City of Brentwood or said City Engineer's designee.
(i) "City's stormwater system" means those City-owned and maintained facilities by which stormwater may be conveyed to any stream, watercourse, other body of water or wetlands.
(j) "Discharge" means any addition of any pollutant to the City's stormwater system from any distinguishable or identifiable source, other than from a vessel or other floating craft, or as defined in the Clean Water Act, as amended, (33 U.S.C. § 1251, et seq.) or the Porter-Cologne Water Quality Control Act.
(k) "Municipal NPDES Permit" means the Municipal Separate Storm Sewer System (MS4) permit required under the Clean Water Act and issued by the Regional Water Quality Control Board to the City of Brentwood as part of the Contra Costa Clean Water Program
(l) "Non-stormwater discharge" means any discharge to the City's stormwater system that is not entirely composed of stormwater.
(m) "NPDES" means the National Pollution Discharge Elimination System, established by the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, (33 U.S.C. § 1251, et seq.)
(n) "Pollutant" means any material other than stormwater including, but not limited to, petroleum products or byproducts, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, radioactive materials, wrecked or discarded equipment, rock, sand, silt, soil and construction, industrial, municipal or other waste discharged into the water.
(o) "Premises" means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(p) "Run-off" means water which is not absorbed by the soil or landscaping to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or if there is an impervious surface (such as asphalt or concrete).
(q) "Stormwater" means water from natural precipitation or snowmelt.
(r) "Unauthorized or illicit discharge" includes, but is not limited to, the discharge, dumping, routing or placement into the City’s stormwater system, directly or indirectly, of any rocks, sand, dirt, silt, gravel, debris, sediment, organic matter, chemicals or other material or pollutants.
This Chapter is not to be construed in any way as modifying, pre-empting, or abridging any federal, state or city law or regulation. Furthermore, this Chapter is intended to be interpreted and enforced in harmony with erosion control and other discharge prevention requirements contained in the General Plan or the Brentwood Municipal Code.
14.20.040 Responsibility for Administration.
The City Engineer or his authorized designee(s) shall administer this chapter for the City.
14.20.050 Stormwater System Authorization.
The City is authorized to have and maintain a stormwater system. In particular, the City has the legal authority to (1) control the contribution of pollutants to the system by stormwater discharges; (2) prohibit illicit discharges to the system; (3) control the dumping or disposal of material other than stormwater to the system; (4) control the contributions of pollutants from one part of the system to another; (5) require compliance with ordinance, permits, contracts, etc.; and (6) carry out inspections to determine compliance.
14.20.060 Construction and Application.
This chapter shall be construed consistent with the requirements of the Federal Clean Water Act and acts amendatory thereto or applicable implementing regulations and the Municipal NPDES Permit and any amendment, revision or re-issuance of the permit.
14.20.070 Discharge of Non-Stormwater.
(a) The release of non-stormwater discharges, as described herein, to the City's storm system is prohibited.
(b) The following exemptions from the prohibition set forth in subsection (a) of this section are hereby granted, provided that the authorized enforcement officer determines that the discharge exempted is not a source of pollutants to the waters of the United States.
(1) The prohibition of discharges shall not apply to any discharge in compliance with the Municipal NPDES permit or other NPDES permit issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency.
(2) If a site is identified by the City as being a significant contributor of sediment to the City's stormwater facilities, or the City is notified by the property owner that their historical drainage ability has been impacted by a Capital Improvement Project or by current development; the City and the property owner will review existing site conditions and mitigation alternatives. If it is determined by the City Engineer that control measures are necessary to prevent the discharge of sediment laden water into the City's stormwater system, it is incumbent upon the City to construct such measures necessary to mitigate these impacts pursuant to §14.20.010(b)(4) of this ordinance. Compliance with this ordinance does not relieve the property owner from the requirements placed by any County or State agency.
(3) The prohibition of discharges of unauthorized runoff shall not apply where the discharging party or parties have demonstrated in writing, to the satisfaction of the City Engineer, that any of the following conditions apply: (a) compliance with State and City "Best Management Practices" ("BMPs") in removing solid material from agricultural runoff; or (b) the unauthorized runoff was caused by a third party or act of God, such as flooding conditions.
(4) Discharges from the following activities shall not be considered a source of pollutants to the City's stormwater system: water line flushing and other discharges from potable water sources, normal residential landscape irrigation and lawn watering, rising ground waters, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washing (including non-commercial community car washing, not including de-greasing or engine cleaning activities), flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, flows from fire fighting and police activities, conveyances of nonstormwater discharges by public agency-operated stormwater systems that are not responsible for originating the discharge and discharges from East Contra Costa Irrigation District facilities connected to the City's stormwater system prior to the effective date of this ordinance or as subsequently approved by the City Engineer.
(5) Properties that are agriculturally active as of the date of adoption of this ordinance, as shown on Exhibit "A", are exempt from the discharge prohibitions stated in §14.20.070(a). This exemption remains in effect as long as the property remains agriculturally active and the property owner, or his tenant, implement Best Management Practices to the maximum extent practicable as determined by the General Manager of East Contra Costa Irrigation District.
14.20.080 Discharge in violation of permit.
Any discharge that would result in or contribute to a violation of the NPDES Permit and any amendment, revision or re-issuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.
14.20.090 Unlawful discharge and unlawful connections.
It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City's stormwater system, and to commence or continue any unauthorized discharges to the City's stormwater system.
14.20.100 Reduction of pollutants in stormwater.
Any person engaging in activities, which may result in pollutants entering the City’s stormwater system, shall undertake all practicable measures to reduce such pollutants. Examples of such activities include ownership and use of premises, which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises, dwelling units, restaurants and other commercial operations.
(a) Bodies of water. No person shall throw or deposit litter in any fountain, pool, lake, stream, river or any drainage course or other body of water in the City.
(b) Standard for parking lots, paved areas, and related stormwater systems. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station or a paved private street or road shall install and maintain the related stormwater conveyance systems and appurtenances on an ongoing basis. Maintenance efforts under this subsection shall be performed without runoff or disposal into the City’s storm drain system. Construction of new or reconstructed, private paved areas covering 5,000 or more square feet shall incorporate permanent storm water treatment facilities to the satisfaction of the City Engineer.
(c) Best management practices for new developments and construction. All construction contractors performing work in City shall conform to the requirements of the "Best Management Practices (BMPs) for Construction Sites" required by the City in addition to the requirements of the Regional Water Quality Control Board as shown in the Stormwater Pollution Prevention Plan (SWPPP), if required, for that construction site. As a minimum, such BMPs shall include provision for filter materials to preclude an increase in debris and sediments entering the stormwater system over “non-project” (historical) conditions. New Development shall bear the financial responsibility of the construction and maintenance of these facilities until the City formally accepts such facilities. New Development shall bear the financial responsibility of, and shall dedicate to the City, runoff control easements, which may be necessary to mitigate impacts to historical drainage patterns. The City Engineer may establish controls on the volume and rate of stormwater runoff from construction sites as may be appropriate to minimize the discharge and transport of pollutants.
(d) Notification of intent and compliance with general permits. Each industrial discharger, including those dischargers described in the Municipal NPDES permit, as may be further defined by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board for the Central Valley Region, shall provide all required notices and comply with and undertake all other activities required by the permit applicable to such dischargers.
(e) Compliance with Best Management Practices. Where BMP guidelines or requirements have been adopted by any federal, state, regional, city, or county agency for any activity, operation, or facility that may cause or contribute to unlawful discharges, every person undertaking such activity or operation or owning or operating such facility shall comply with such guidelines or requirements.
(f) Storm Water Pollution Prevention Plan. The City Engineer may require any business in the City required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) by the State’s Regional Water Quality Control Board or the United States Environmental Protection Agency to provide a copy to the City Engineer of the SWPPP, including the associated Waste Discharger Identification Number issued by the Regional Water Quality Control Board.
(g) Coordination with hazardous materials requirements. Any business required by Chapter 6.95 of Division 20 of the California Health and Safety Code (commencing with section 25500) to submit a business plan or a risk management and prevention program (RMPP), or both, and any owner or operator of a hazardous waste facility required by Chapter 15 of Division 4.5 of Title 22 of the California Code of Regulations to maintain a contingency plan, shall include in that plan or program provision for compliance with this chapter, including the prohibitions on non stormwater discharges, and the requirement to reduce introduction of pollutants to the maximum extent practicable.
(h) Watercourse Protection. Any person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles which would, or may, pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within, or adjacent to, a watercourse such that said structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not alter the bank or its vegetation without an approved grading permit in accordance with §15.52 of the Brentwood Municipal Code.
14.20.110 Authority to Inspect.
Routine or area inspections by City representatives shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter; including, but not limited to, random sampling, sampling in areas with evidence of stormwater contamination, discharge of nonstormwater to the stormwater system, contaminants to the sanitary sewer system that could contribute to degradation of water quality in Marsh Creek or similar factors. Such inspections may also be done in conjunction with routine inspections conducted by other public agencies such as the health services department or the applicable fire protection district.
(a) Authority to sample and establish sampling devices. With the consent of the owner or occupant or pursuant to a search or inspection warrant, any authorized City employee may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections, the officer may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities onsite.
(b) Notification of spills.
(1) All persons in charge of a facility or responsible for emergency response for a facility have a responsibility to train facility personnel and maintain notification procedures to ensure that immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of material, pollutants, or waste creating a risk of nonstormwater discharge into the City stormwater system, or downstream receiving waters of the United States.
(2) As soon as any person in charge of a facility or responsible for emergency response for a facility or has knowledge of any suspected, confirmed or unconfirmed release of nonstormwater discharge entering the City stormwater system, such person shall take all necessary steps to ensure the discovery, containment, and clean up of such release, and shall promptly notify the City Engineer of the occurrences by telephone. This notification requirement is in addition to, and not in lieu of, other required notifications.
(c) Requirement to test or monitor. Any authorized City employee may require that any person engaged in any activity or owning or operating any facility which may cause or contribute to illicit discharges undertake such monitoring activities, or analysis, or both, and furnish such reports as the employee may specify. The burden, including costs, of these activities, analyses, and reports shall bear a reasonable relationship to the need for the monitoring, analysis, and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis, and reporting required.
(d) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the City Engineer has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises in violation of this chapter, thc City Engineer is authorized to enter such building or premises at all reasonable times to inspect the same or to perform any duly authorized by this chapter, subject to the following:
(1) if such building or premises is occupied, the City Engineer shall first present proper credentials and demand entry;
(2) if such building or premises is unoccupied, the City Engineer shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry;
(3) if entry is refused in either case, the City Engineer is authorized to proceed pursuant to the provisions of Code of Civil Procedure section 1822.50 and following or any other appropriate means authorized by law.
14.20.120 Violation Constituting Misdemeanor or Infraction.
Notwithstanding any other provision of this code, any person, firm, partnership, corporation, or public agency that violates any provision of this chapter, or fails to comply with any of the mandatory requirements of this chapter, is guilty of a misdemeanor, unless, in the discretion of the City Engineer (as provided in this code) or the district attorney, it is charged and prosecuted as an infraction.
14.20.130 Penalty for Violation.
Upon conviction of a misdemeanor or infraction, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code §36901, as may be amended, or its successor statute or pursuant to the Brentwood Municipal Code. If the City of Brentwood is fined through the clean water program or any other county, state or federal law, and the cause of that fine is unlawful discharge, the operator shall be subject to that fine or penalty.
14.20.140 Continuing violations.
Every day that any violation of this chapter continues shall constitute a separate offense.
Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision.
14.20.160 Acts potentially resulting in violation of Federal Clean Water Act or PorterCologne Act.
Notwithstanding any other provision in this chapter, any person who violates any provision of this chapter or a provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater that causes pollution, or who violates any cease and desist order, prohibition, or effluent limitations may also be in violation of the Federal Clean Water Act or the PorterCologne Act, or both, and may be subject to the sanctions of those acts, including civil and criminal penalties. Any enforcement action authorized under this chapter may also include notice to the violator of such potential liability.
14.20.170 Violation deemed a public nuisance.
In addition to thc penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated.
The City Engineer may issue, or cause to be issued, a Notice to Abate to the property owner where said violation occurs ordering abatement and providing reasonable notice to appeal the Notice to Abate. If the affected property owner does not request an appeal hearing within 10 business days of the date of the Notice, and the violation is not abated, the City Council may order abatement by the City or their designee. The cost of such abatement and restoration shall be borne by the property owner where the violation occurs.
In the event of a violation of this Ordinance posing an imminent threat to the health or safety of the public or the environment, notice of a pre-abatement hearing by the City is not required. Only a post-abatement hearing, with reasonable notice, need be held.
14.20.180 Administrative Penalties.
Any violation of this chapter may be subject to enforcement through the administrative citation procedure codified in Chapter 1.08 of this code or any other appropriate remedy specified in the Brentwood Municipal Code or state or federal law. The permit holder shall be responsible for compliance by its agents, including any sub-contractors. Failure to comply with the approved construction BMP’s will result in the issuance of verbal warnings, correction notices, citations or a project stop work order. In the event of the issuance of a stop work notice on the project for engineering, public works or building violations, the permit holder shall be fined through additional fees/fines placed on the building permits or, when possible, by the reduction of any applicable development fee credits (collectively 'fines'). Except in the event of an emergency, the City shall provide verbal and written notice of the violation to the applicable permit holder prior to the issuance of a stop work notice. Fines shall be $100 for the first violation, $250 for the second occurrence of the same violation (regardless of sub-contractor) and $1,000 for each subsequent violation.
14.20.190 Civil Actions.
In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate and allowed by law, any or all of the following remedies:
(a) a temporary restraining order, preliminary and permanent injunction;
(b) reimbursement for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing administrative action under this chapter;
(c) costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation.
(d) compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages under this subsection (d) shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control system and/or implementing or enforcing the provisions of this division.
14.20.200 Remedies not exclusive.
The remedies identified in this division are in addition to and do not supersede or limit any and all other remedies (civil or criminal). The remedies provided for herein shall be cumulative and not exclusive.
This chapter shall take precedence over all other provisions of this code, City ordinances or parts of ordinances, and Council resolutions or parts of resolutions, in conflict herewith.
SECTION 2. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30) days following its adoption and, prior to the expiration of fifteen (15) days after its adoption, it shall be published once with the names of the council members voting for and against it in a newspaper of general circulation available in the City of Brentwood.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
SECTION 4. JUDICIAL REVIEW: Any judicial review of this ordinance shall be by writ of mandate under Code of Civil Procedure 1085. Any action or proceeding seeking to attack, review, set aside, void or annul this ordinance shall be commenced within 90 days after the adoption of this ordinance.
SECTION 5. PUBLICATION: This ordinance shall be published in accordance with Government Code Section 36933 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause Section 1 of this ordinance to be entered in the Brentwood Municipal Code.
THIS ORDINANCE was introduced with first reading waived at the City of Brentwood City Council meeting on the 22nd day of May 2001, and was passed, approved and adopted at a regular meeting of the Brentwood City Council on the day of 2001 by the following vote: